Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Alleged Violators:
Vendor/Supplier of Limited Too Backpack
Ross Stores
Chemicals:
Di(2-ethylhexyl)phthalate (DEHP)
Source:
Limited Too backpack (Butterfly) SKU_400257557737000799 UPC_0691466210616
60-Day Notice Document
Settlement
Settlement Date:
06/26/2023
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Injunctive Relief:
3.1. Effective on and after the Effective Date ORLY shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless ORLY provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by ORLY shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date.
3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, ORLY may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 21,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 21,500.00
Will settlement be submitted to court?
Contact Organization:
Joseph D. Agliozzo, Law Corporation
Address:
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
Settlement
Settlement Date:
06/26/2023
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Injunctive Relief:
3.1. Effective on and after the Effective Date ORLY shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless ORLY provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by ORLY shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date.
3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, ORLY may rely on third party testing from an accredited laboratory.
*Non-Contingent Civil Penalty:
$ 500.00
Attorney(s) Fees and Costs:
$ 21,000.00
Payment in Lieu of Penalty:
$ 0.00
Total Payments:
$ 21,500.00
Will settlement be submitted to court?
Contact Organization:
Joseph D. Agliozzo, Law Corporation
Address:
1601 N. Sepulveda Boulevard, 649
City, State, Zip:
Manhattan Beach, CA 90266
Phone Number:
(424) 241-3614
* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.
